Ensuring Justice and Upholding the Rule of Law: The Call for General Amnesty Implementation and Land Rights Protection in Iraq

The Arab Council in Kirkuk Calls for the Implementation of General Amnesty in Kurdistan: A Federal Obligation under the Rule of Law

The Arab Council in Kirkuk has called for the enforcement of the General Amnesty Law in the Kurdistan Region, emphasizing its federal nature and applicability to all Iraqi governorates, including the autonomous region of Kurdistan.

In an official statement, the Council underscored the significance of this law for the Arab community in Kirkuk. "Given our commitment to safeguarding the interests of the Arab component in Kirkuk, and in light of the recent enactment of the General Amnesty Law and the Land Law by the Iraqi Parliament, it is imperative to highlight the profound impact these laws have on the lives and future of our community," the statement read.

The Council expressed concerns over the non-implementation of the General Amnesty Law in the Kurdistan Region, despite its binding nature as federal legislation. "After enduring years of hardship, we welcomed the enactment of the General Amnesty Law, which offers an opportunity for many unjustly convicted individuals to have their cases reviewed. However, the Kurdistan Regional Authorities have failed to implement this law, leading to continued injustices against prisoners under their jurisdiction. Such inaction contravenes the principles of the Iraqi federal constitution and undermines the rule of law in the country. We therefore call for the immediate and full application of the amnesty law to ensure justice for innocent detainees across all of Iraq," the Council stated.

Furthermore, the Council raised serious concerns about the fate of thousands of Arab detainees in Kurdistan Region’s prisons, whose whereabouts remain unknown. Despite persistent advocacy efforts, the Kurdistan Regional Government has not responded to inquiries regarding these individuals. The Council urged members of the Iraqi Parliament and the Kirkuk Provincial Council to exert pressure on the regional authorities to disclose information on these disappeared persons and to make their resolution a prerequisite for the continuation of local governance in Kirkuk.

In addition to its concerns about the amnesty law, the Council addressed the impact of the recently enacted Land Law, specifically the repeal of decisions made by the now-dissolved Revolutionary Command Council regarding agricultural land. "This law will lead to the cancellation of approximately 4,960 agricultural contracts, covering a total of 401,254 acres, most of which are cultivated by Arab farmers. The application of this law in its current form will deepen divisions within the province, effectively stripping Arab farmers of their land rights while granting ownership to individuals who have already received compensation. Such measures risk exacerbating social tensions and economic instability in Kirkuk," the statement noted.

The Council emphasized that many of these lands were allocated under Iraq’s Agrarian Reform Law, which was not subject to transitional legal provisions such as Article 140 of the Constitution and the Property Claims Commission. "These lands were acquired by the state and fairly distributed to ministries, farmers, and citizens, without discrimination. The current law disregards public interest, threatens state resources, and disrupts social stability, particularly in the wake of Kirkuk’s reintegration into federal authority."

From a human rights perspective, the failure to implement the General Amnesty Law and the lack of transparency concerning detainees raise serious concerns about due process, arbitrary detention, and enforced disappearances—violations of international human rights standards. The principle of non-discrimination, a core tenet of human rights law, requires that all individuals, regardless of ethnicity or location, benefit equally from federal legislation. Moreover, the rule of law necessitates that legal frameworks be applied consistently across all jurisdictions to prevent selective enforcement and legal uncertainty.

In conclusion, the Arab Council called for unified opposition to the enforcement of the Land Law and urged the use of all legal and constitutional mechanisms to challenge its implementation, including invoking Article 93(3) of the Iraqi Constitution, which grants individuals the right to challenge laws that adversely affect their interests before the Federal Supreme Court. The Council also reiterated its demand for the Kurdistan Regional Government to comply with the federal amnesty law and to disclose the fate of detainees in its custody, in adherence to Iraq’s constitutional commitments and international human rights obligations.